An owner of real property, by virtue of the owner's interest in the property, has the right to be free from intrusions upon the property by others. A trespass results from any intentional intrusion upon the property of another. Generally speaking, a property owner's right to prevent such intrusions is absolute.

Fact Scenario 1: One night, Jeremy decides to go for a swim in his neighbor's pool. Jeremy does so without his neighbor's permission. Jeremy's action constitutes a trespass.

Fact Scenario 2: Several kids in Jeremy's neighborhood decide to play a joke on Jeremy. While Jeremy is walking home from school, on the sidewalk, the kids pick Jeremy up, carry him across the neighbor's yard, and throw him in a neighbor's pool. The kids do so without the neighbor's permission. Jeremy has not committed a trespass in this instance, because there was no intentional conduct on his part; however, the kids who threw Jeremy in the pool have committed a trespass upon the neighbor's property.

Notably, a trespass may be committed by the trespasser but may also occur as a result of objects within the trespasser's control (objects propelled onto the property owner's land) or by acts of a trespassing agent whose actions are within the control of another person.

Permission and Privilege

Unless a trespass takes place with the property owner's permission or consent or the trespass is excused on the basis of privilege, any intentional intrusion upon the land of another constitutes a trespass.

Sometimes, public policy outweighs the right of the property owner to be free from intrusions upon his or her property. For example, entry upon a property owner's land by police, firefighters, social workers, tax assessors, or building inspectors carrying out their job functions is not a trespass. Such entries are excused on the basis of privilege.

Remedies

• Nominal Damages: A property owner may recover nominal or minimal damages without any showing of actual harm as a result of a trespass.
  
• Compensatory Damages: A property owner may recover damages to compensate him or her for an actual loss. The measure of damages is dependent upon either the decrease in the value of the property as a result of a trespass or the cost of restoring the property following the trespass.
  
• Punitive Damages: Punitive damages are designed to punish a wrongdoer. A property owner may be able to recover punitive damages if a trespass is malicious or wanton in nature.
  
• Injunctive Relief: A property owner may obtain equitable relief, such as an injunction. For instance, a court might order injunctive relief to prevent the trespasser from continued violation of the property owner's rights in the future.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.